11/10/2004 ZONING BOARD OF APPEALS Minutes

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lown of Nashpec 16 Grcot,Vck lQadNi)rth, iiLF, A'Jashpce, NI(Issachusetts 02649 MASHPEE ZONING BOARD OF APPEALS Decision for a Special Permit RE: Wayne MacKinnon 17 Cross Street Map 128 Parcel 21 SP-04-155 A Petition was filed on October 19, 2004 for a Special Permit under Section 174- 20 of the Zoning By-laws for permission to demolish an existing non-conforming dwelling and construct a single-family home on property located in an R-3 zoning district at 17 Cross Street (Map 128 Block 21) Mashpee, MA. Notice was duly given to abutters in accordance with Massachusetts General Laws Chapter 40A. Notice was given by publication in The Mashpee Enterprise, a newspaper of general circulation in the Town of Mashpee, on October 22, 2004 and October 29, 2004, a copy of which is attached hereto and made a part hereof. A Public Hearing was held on the Petition at the Mashpee Town Hall on Wednesday,November 10, 2004, December 8, 2004, January 12, 2005 and finally on February 2, 2005, at which time the following members of the Zoning Board of Appeals were present and acting throughout: Robert Nelson, Zella E. Elizenberry and Frederick R. Borgeson, Evano Cunha and Richard Guerrera. The Mashpee Zoning Board of Appeals issues this Decision pursuant to the provisions of Massachusetts General Laws, Chapter 40A, Section 9 and the Town of Mashpee Zoning By-laws. Johri Slavinsky represents the petitioner in this hearing. They are seeking a special permit in order to tear down the existing dwelling and rebuild a new three bedroom house. The Board of Health has approved the septic system and the ZBA feels this is a reasonable request. The Board moves to grant the Special Permit. SPECIAL PERMIT CRITERIA Section 174-17 of the Mashpee Zoning By-laws and Massachusetts General Laws Chapter 40A, Chapter 6, require a finding that the extension, alteration or change shall not be substantially more detrimental to the neighborhood than the existing non-conforming use.